The Dhanasar Standard: A Shift in Focus
The legal foundation for all modern NIW petitions is the 2016 precedent decision, Matter of Dhanasar. This ruling established a three-part test for NIW eligibility, which USCIS officers use to evaluate every petition:
- Substantial Merit and National Importance: The proposed endeavor must have both qualities.
- Well-Positioned to Advance the Endeavor: The foreign national must demonstrate they are well-positioned to advance the proposed endeavor.
- Beneficial to the United States: On balance, it must be beneficial to the U.S. to waive the job offer and labor certification requirements.
The most recent policy manual, which provides officer guidance for interpreting Matter of Dhanasar, reinforces that the term “endeavor” is more specific than a general occupation. It requires petitioners to provide details about the specific projects and goals they propose to undertake. For example, instead of simply listing the duties of an engineer, you should describe the specific projects you’ll work on and the area of engineering you’ll specialize in.
The Importance of Specificity
Specificity is the most crucial element in structuring your endeavor. You must move beyond broad, general statements and drill down into a precise career narrative. This narrative should connect your past credentials, your current position, and the very specific skill you bring to advance your expertise in the form of a nationally important endeavor.
For example, simply saying your endeavor is “AI-related” is not enough. You must explain how you intend to use AI and how it will be leveraged to create a national impact. Will you leverage AI to study molecular and chemical interactions to advance drug discovery in an R&D department? Or will you use it to develop a new manufacturing process that will make U.S. industries more competitive? These specific details are what make an endeavor compelling.
It’s about demonstrating a specific plan for your work, not just your general profession. Assertions about the general importance of an entire field, such as classroom teaching or entrepreneurship, are insufficient on their own. USCIS wants to see how your individual endeavor has broader implications for a field, a region, or the public at large.
An individual developing a drug for a pharmaceutical company, for instance, can establish national importance by demonstrating the prospective public health benefits of the drug, not just the profits it will generate for the employer. Similarly, a technology developer must show how their work has broader public or commercial implications, such as widespread interest in its adoption or its impact on the development of similar technology by other companies.
If you don’t have a specific idea of how to prove your endeavor has national importance, then your endeavor is likely not NIW eligible.
The Advantage of an Individualized Approach
If this sounds confusing, we agree with you—it is. Every case is unique and requires a highly specific, fact-based inquiry. Comparing your case to someone else’s is often not helpful. Your individual endeavor must be meticulously crafted, and a persuasive legal argument must be made that meets the minimum requirements and convinces the immigration officer.
This is why working with a law firm that hyper-focuses on EB-2 NIWs is so important. At IBP Immigration Law, we don’t offer cookie-cutter petitions. We don’t settle for weak letters or legal arguments. We take an individualized approach to each case and only take cases we feel confident we can win. We know what works and what doesn’t, and we know how to tell your story in a way that is compelling to secure an approval.
We urge you to consider working with IBP Immigration Law for your EB-2 NIW petition. Contact our office today for a free evaluation of your case to see if you qualify.
